Case: Angell v. Oakland

3:13-cv-00190 | U.S. District Court for the Northern District of California

Filed Date: Jan. 14, 2013

Closed Date: July 30, 2015

Clearinghouse coding complete

Case Summary

This civil rights case is related to the treatment of “Occupy Oakland” protestors by the police and sheriff’s department in Oakland, CA. The plaintiffs brought this class action lawsuit on January 14, 2013 in the U.S. District Court for the Northern District of California against police officers and the City of Oakland, as well as the Alameda County sheriff and corrections officers. The plaintiffs sued under 42 U.S.C. § 1983, seeking damages, declaratory relief, and injunctive relief to protect…

This civil rights case is related to the treatment of “Occupy Oakland” protestors by the police and sheriff’s department in Oakland, CA. The plaintiffs brought this class action lawsuit on January 14, 2013 in the U.S. District Court for the Northern District of California against police officers and the City of Oakland, as well as the Alameda County sheriff and corrections officers. The plaintiffs sued under 42 U.S.C. § 1983, seeking damages, declaratory relief, and injunctive relief to protect their constitutional rights. They claimed that the defendants had violated their rights under the Fourteenth Amendment and state law by holding them in jail following the mass arrest of plaintiffs without a chance to disperse.

On January 28, 2012, the plaintiffs attended an “Occupy Oakland” march. As they marched, they alleged that they were corralled by the police, never given an opportunity to disperse, and placed under mass arrest. While corralled, the “class members were pushed, clubbed, and driven into a shrinking space by these two advancing lines.” Instead of being issued citations, class members were sent to the county jail. The plaintiffs alleged that they were kept in inhumane and humiliating conditions during this time. They were released between 12 and 85 hours later and were not charged.

Following an alternative dispute resolution phone conference, the case was referred to Magistrate Judge Laurel Beeler. On November 21, 2014, the motion for preliminary approval of the Class Action settlement was denied due to issues with the settlement itself (the original settlement contained an error in class definition, the scope of the release was impermissibly broad, undeliverable funds were not allocated, and attorney’s fees were not properly handled) as well issues as the class notification. These issues were mostly fixed; District Judge Nathanael Cousins certified the class and granted preliminary approval of the settlement agreement on January 5, 2015, with issues in class notification corrected later. The class consisted of “the approximately 360 people who were arrested in the mass arrest on Broadway between 23rd and 24th Streets in Oakland on January 28, 2012, and who were never charged with any crime related to this arrest." 2015 WL 65501.

Under the settlement, the defendants agreed to pay $1,360,000 to the plaintiffs, including attorney’s fees and costs, and to seal and destroy the arrest records and biological samples from the mass arrest. The case against the individual defendants was dismissed on April 7, 2015 by Judge Cousins as part of the settlement agreement. On July 30, 2015, Judge Cousins issued an order granting a supplemental order of exoneration and to seal and destroy arrest records. The case is now closed, having had no activity since July 30, 2015.

While this case did not yield injunctive relief, another case did. On September 9, 2019, a court approved a settlement agreement in the similar case of Spalding v. City of Oakland, under which the Oakland Police Department and the Alameda Sheriff’s Office adopted new policies regarding crowd control and mass arrests.

Summary Authors

Samuel Poortenga (9/19/2020)

Related Cases

Spalding v. City Of Oakland, Northern District of California (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5955699/parties/angell-v-city-of-oakland/


Judge(s)

Beeler, Laurel (California)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

, Error (California)

Huang, Yolanda (California)

Siegel, Daniel Mark (California)

Weills, Anne Butterfield (California)

Attorneys(s) for Defendant

Hodgkins, James (California)

McGee, Otis Jr. (California)

Parker, Barbara J (California)

Rockwell, Gregory James (California)

Judge(s)

Beeler, Laurel (California)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

, Error (California)

Huang, Yolanda (California)

Siegel, Daniel Mark (California)

Weills, Anne Butterfield (California)

Attorneys(s) for Defendant

Hodgkins, James (California)

McGee, Otis Jr. (California)

Parker, Barbara J (California)

Rockwell, Gregory James (California)

Sazama, Jill (California)

Simmons, William Edmond (California)

Smith, Lozano (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Angell v. City of Oakland

July 30, 2015 Docket
1

Civil Rights Class Action Complaint for Damages and Injunctive and Declaratory Relief

Angell v. City of Oakland

Jan. 14, 2013 Complaint
63-2

Exhibit 1 (Settlement Agreement) to Joint Motion for Preliminary Approval of Class Settlement

Angell v. City of Oakland

Oct. 8, 2014 Settlement Agreement
72

Order Granting Plaintiffs' Motion for Class Certification and Joint Motion for Preliminary Approval of Class Action Settlement

Angell v. City of Oakland

2015 WL 65501

Jan. 5, 2015 Order/Opinion
88

Third Order of Exoneration and for Sealing and Destruction of Arrest Records, and for Withdrawal and Destruction of DNA-Samples

Angell v. City of Oakland

April 7, 2015 Order/Opinion

Resources

Title Description External URL

Occupy Oakland J28 Class Action Settlement

J28

This lawsuit is about the mass arrest in Oakland, California, on January 28, 2012, when the Oakland Police Department and several other law enforcement agencies arrested approximately 360 people in f… April 15, 2015 https://j28classactionsettlement.wordpress.com/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5955699/angell-v-city-of-oakland/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CIVIL RIGHTS CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE AND DECLARATORY RELIEF: DEMAND FOR JURY TRIAL; against Gregory J. Ahern, Darren Allison, David Brady, Eric Breshears, City of Oakland, County of Alameda, Jeffrey Israel, Kerry Jackson, Howard Jordan, Carla Kennedy, Brett Keteles, Gregory L. Morgado, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder ( Filing fee $ 350.00, receipt number 44611009984.). Filed byTheodore Hector, Shareef Elfiki, Steven Angell, Cicily Cooper, Lindsay Weber, Sri Louise, Molly Batchelder, Miles Avery. (Attachments: # 1 Civil Cover Sheet)(aaa, COURT STAFF) (Filed on 1/14/2013) (Entered: 01/15/2013)

1 Civil Cover Sheet

View on PACER

Jan. 14, 2013 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 4/10/2013. Case Management Conference set for 4/17/2013 10:00 AM. Signed by Magistrate Judge Nathanael M. Cousins on 1/14/13. (Attachments: # 1 NC Standing Order, # 2 Standing Order)(aaa, COURT STAFF) (Filed on 1/14/2013) (Entered: 01/15/2013)

Jan. 14, 2013 PACER
3

Summons Issued as to Gregory J. Ahern, Darren Allison, David Brady, Eric Breshears, City of Oakland, County of Alameda, Jeffrey Israel, Kerry Jackson, Howard Jordan, Carla Kennedy, Brett Keteles, Gregory L. Morgado, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder. (aaa, COURT STAFF) (Filed on 1/14/2013) (Entered: 01/15/2013)

Jan. 14, 2013 PACER
4

ERRONEOUSLY E-FILED: PLEASE SEE CIVIL CASE 00-4599 TEH FOR PROPER E-FILING MOTION to Relate Case filed by Steven Angell. (Attachments: # 1 Proposed Order)(Huang, Yolanda) (Filed on 1/25/2013) Modified on 1/28/2013 (aaaS, COURT STAFF). (Entered: 01/25/2013)

Jan. 25, 2013 PACER
5

RESPONSE to DEFENDANTS CITY OF OAKLAND, HOWARD JORDAN, JEFFREY ISRAEL, ERIC BRESHEARS, RON YELDER, DARREN ALLISON, STEVE TULL, EDWARD TRACEY, ANTHONY RACHAL, AND SEAN WHENTS OPPOSITION TO PLAINTIFFS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by Darren Allison, Eric Breshears, City of Oakland, Jeffrey Israel, Howard Jordan, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder. (Logue, Jennifer) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
6

Proposed Order [PROPOSED ORDER] DENYING PLAINTIFFS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by Darren Allison, Eric Breshears, City of Oakland, Jeffrey Israel, Howard Jordan, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder. (Jefferson, Jamilah) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
7

RESPONSE to DEFENDANTS CITY OF OAKLAND, HOWARD JORDAN, JEFFREY ISRAEL, ERIC BRESHEARS, RON YELDER, DARREN ALLISON, STEVE TULL, EDWARD TRACEY, ANTHONY RACHAL, AND SEAN WHENTS OPPOSITION TO PLAINTIFFS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED (Filed under wrong attorney on 1/29/2013) by Darren Allison, Eric Breshears, City of Oakland, Jeffrey Israel, Howard Jordan, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder. (Jefferson, Jamilah) (Filed on 1/30/2013) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
8

CLERK'S NOTICE Regarding Motion to Relate Cases C00-4599 TEH and C13-0190 NC. (tmi, COURT STAFF) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
9

DEFENDANTS CITY OF OAKLAND, HOWARD JORDAN, JEFFREY ISRAEL, ERIC BRESHEARS, RON YELDER, DARREN ALLISON, STEVE TULL, EDWARD TRACEY, ANTHONY RACHAL and SEAN WHENT'S ANSWER to Complaint with JURY DEMAND byDarren Allison, Eric Breshears, City of Oakland, Jeffrey Israel, Howard Jordan, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder. (Simmons, William) (Filed on 2/15/2013) (Entered: 02/15/2013)

Feb. 15, 2013 PACER
10

ANSWER to Complaint with Jury Demand byGregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 2/22/2013) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
11

Certificate of Interested Entities by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado (Rockwell, Gregory) (Filed on 2/22/2013) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
12

NOTICE of Appearance by Daniel Mark Siegel (Siegel, Daniel) (Filed on 3/18/2013) (Entered: 03/18/2013)

March 18, 2013 PACER
13

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) Jt. Consent to Magistrate, Rule 26 Compliance (Huang, Yolanda) (Filed on 3/27/2013) (Entered: 03/27/2013)

March 27, 2013 PACER
14

ADR Clerk Notice Setting ADR Phone Conference on 4/12/13 at 10:00 a.m. Pacific. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (sgd, COURT STAFF) (Filed on 3/28/2013) (Entered: 03/28/2013)

March 28, 2013 PACER
15

CASE MANAGEMENT STATEMENT, Joint filed by Steven Angell. (Huang, Yolanda) (Filed on 4/10/2013) (Entered: 04/10/2013)

April 10, 2013 PACER

ADR Remark: ADR Phone Conference held by GDB on 4/12/13. (sgd, COURT STAFF) (Filed on 4/16/2013)

April 16, 2013 PACER
16

Minute Entry: Initial Case Management Conference held on 4/17/2013. CASE REFERRED to Magistrate Judge Beeler for Settlement Conference to occur at the end of September 2013. Motion for class certification shall be filed by 11/30/2013. Further Case Management Conference set for 10/16/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. (FTR: 10:55am - 11:04am.) (lmh, COURT STAFF) (Date Filed: 4/17/2013) (Entered: 04/17/2013)

April 17, 2013 PACER
17

CASE MANAGEMENT SCHEDULING ORDER: Case REFERRED to Judge Beeler for settlement conference to occur by the end of September 2013. Prior to the settlement conference, defendants will take the depositions of the named plaintiffs, not to exceed three hours each. Deadline for plaintiff to file motion for class certification is 11/29/2013. Updated joint case management statement due by 10/7/2013. Further Case Management Conference set for 10/16/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/18/13. (lmh, COURT STAFF) (Filed on 4/18/2013) (Entered: 04/18/2013)

April 18, 2013 PACER
18

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 9/25/2013 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 4/22/2013. (ls, COURT STAFF) (Filed on 4/22/2013) (Entered: 04/22/2013)

April 22, 2013 PACER
19

STIPULATION WITH PROPOSED ORDER AND APPLICATION TO CONTINUE SETTLEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE AND ALL RELATED DATES filed by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 9/10/2013) (Entered: 09/10/2013)

Sept. 10, 2013 PACER
20

CLERKS NOTICE SETTING Telephonic Conference re 19 for 9/18/2013 02:30 PM with Magistrate Judge Nathanael M. Cousins. Counsel shall contact the Courtroom Deputy at 415.522.2039 to provide a direct dial number for their appearance. This is a text-only entry generated by the Court. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 9/12/2013) (Entered: 09/12/2013)

Sept. 12, 2013 PACER
21

Minute Entry: Telephone Conference held with Judge Cousins on 9/18/2013 re Dkt. 19. Stipulation is granted as modified. (FTR:2:48pm-2:57pm.) (lmh, COURT STAFF) (Date Filed: 9/18/2013) (Entered: 09/23/2013)

Sept. 18, 2013 PACER
22

ORDER GRANTING STIPULATION AS MODIFIED 19 . Last date to amend complaint or add new parties 10/31/2013. Last date for plaintiffs to file motion for class certification 2/3/2014. Further Case Management Conference set for 2/5/2014 10:00 AM. Joint case management statement due 1/29/2014. Completion of settlement conference with Judge Beeler 1/21/2014. Signed by Judge Nathanael Cousins on 9/18/13. (lmh, COURT STAFF) (Filed on 9/18/2013) (Entered: 09/23/2013)

Sept. 18, 2013 RECAP
23

Proposed Order CONTINUING SETTLEMENT CONFERENCE by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 9/25/2013) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
24

ORDER CONTINUING SETTLEMENT CONFERENCE: Re 23 Proposed Order filed by Carla Kennedy, David Brady, Gregory L. Morgado, Brett Keteles, County of Alameda, Kerry Jackson, Gregory J. Ahern. Settlement Conference set for 1/13/2014 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 9/25/2013. (ls, COURT STAFF) (Filed on 9/25/2013) (Entered: 09/25/2013)

Sept. 25, 2013 RECAP
25

NOTICE by Darren Allison, Eric Breshears, City of Oakland, Jeffrey Israel, Howard Jordan, Anthony Rachal, Edward Tracey, Steve Tull, Sean Whent, Ron Yelder Notice of Association of Counsel (Simmons, William) (Filed on 12/2/2013) (Entered: 12/02/2013)

Dec. 2, 2013 PACER
26

ORDER - Plaintiffs shall submit their tardy settlement conference statements (including demands) by 6 p.m. today or the court will vacate the settlement conference. Signed by Judge Laurel Beeler on 1/7/2014. (lblc1S, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)

Jan. 7, 2014 RECAP
27

ORDER TO SUBMIT ADDITIONAL INFORMATION FOR SETTLEMENT CONFERENCE (ORDER ATTACHED) (SUMMARY TEXT ENTRY INCLUDED FOR EASE OF READING ON PHONES) The following additional information is required by the court's order at ECF No. 18 and must be submitted by noon on Friday, January 10, 2014 by email to the court's orders box at lbpo@cand.uscourts.gov: (1) Defendants must respond to Plaintiffs demand and must simultaneously notify the court; (2) the City of Oakland must submit a list of attendees from the City Attorneys Office; and (3) Plaintiffs must provide fees and costs to date to the court and projected through trial and may do so confidentially. (Beeler, Laurel) (Filed on 1/9/2014) (Entered: 01/09/2014)

Jan. 9, 2014 RECAP
28

Minute Entry: Settlement Conference held (Date Filed: 1/13/2014). The attorneys (Ms. Huang, Mr. Siegel, Mr. Hall, Mr. Simmons, and Mr. Rockwell) and Oakland Police Department (Captain Allison) will have an in-person meeting on February 5, 2014 at the Oakland City Attorney's office as discussed. The parties should coordinate with Ms. Scott to pick another settlement conference date in about 30 days. The court will ask Judge Cousins to continue the currently-scheduled dates (2/3/14 deadline to file motion for class certification, 2/5/14 Case Management Conference) for approximately 60 days. (ls, COURT STAFF) (Date Filed: 1/13/2014) (Entered: 01/14/2014)

Jan. 13, 2014 PACER
29

CLERKS NOTICE CONTINUING Further Case Management Conference to 4/16/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Updated joint statement due 4/9/2014. Deadline for filing class certification motion is extended to 4/04/2014. This is a text-only entry generated by the Court. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 1/14/2014) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
30

CLERKS NOTICE SETTING FURTHER Settlement Conference for 2/24/2014 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Counsel shall submit updated Settlement Statements by February 14, 2014 to: lbpo@cand.uscourts.gov. The Order scheduling a settlement conference issued on 4/22/2013, ECF No. 18 remains in affect. (This is a docket text entry only. There are no documents associated with this entry.) (ls, COURT STAFF) (Filed on 1/17/2014) Modified on 1/17/2014 (ls, COURT STAFF). (Entered: 01/17/2014)

Jan. 17, 2014 PACER

Set/Reset Hearing: Settlement Conference set for 2/24/2014 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. (ls, COURT STAFF) (Filed on 1/17/2014)

Jan. 17, 2014 PACER
31

Minute Entry: Settlement conference held. Counsel to coordinate with Lashanda Scott within two days to schedule a further settlement conference. (Date Filed: 2/24/2014). (ls, COURT STAFF) (Date Filed: 2/24/2014) (Entered: 03/03/2014)

Feb. 24, 2014 PACER
32

CLERKS NOTICE EXTENDING deadline for filing class certification motions to 5/2/2014. Updated joint case management statement due 5/7/2014. Further Case Management Conference set for 5/14/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. This is a text-only entry. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 3/4/2014) (Entered: 03/04/2014)

March 4, 2014 PACER
33

CLERKS NOTICE: Further Settlement Conference set for 4/8/2014 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Any updated settlement conference statements due April 1, 2014. (This is a docket text entry only. There is no document associated with the entry.) (ls, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/05/2014)

March 5, 2014 PACER
34

Minute Entry: Settlement Conference held (Date Filed: 4/8/2014). (ls, COURT STAFF) (Date Filed: 4/8/2014) (Entered: 04/09/2014)

April 8, 2014 PACER
35

Minute Entry: Further Telephonic Settlement Conference held (Date Filed: 4/22/2014). (ls, COURT STAFF) (Date Filed: 4/22/2014) (Entered: 04/23/2014)

April 22, 2014 PACER
36

STIPULATION WITH PROPOSED ORDER TO CONTINUE PLAINTIFFS DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION AND CASE MANAGEMENT CONFERENCE AND ALL RELATED DATES filed by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 4/28/2014) (Entered: 04/28/2014)

April 28, 2014 PACER
37

ORDER GRANTING STIPULATION TO CONTINUE PLAINTIFFS' DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION, CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES 36 . Completion date of settlement conference with Judge Beeler is 7/31/2014. Last date for plaintiffs to file class certification motion is 8/06/2014. Case Management Statement due 9/17/2014. Case Management Conference set for 9/24/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/28/14. (lmh, COURT STAFF) (Filed on 4/28/2014) (Entered: 04/28/2014)

April 28, 2014 RECAP
38

Proposed Order Continuing Settlement Conference by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
39

ORDER CONTINUING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler Settlement Conference set for 6/27/2014 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 4/29/2014. (ls, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
40

ORDER re 6/27/14 Settlement Conference:By 11 a.m. on Thursday, June 26, the parties must do the following: (1) exchange a lists of who is attending the settlement conference on Friday and thereafter, confer if there are disagreements about necessary attendees (and let the court know by 1 p.m.); (2) update their costs and fees to date and projected through trial; and (3) email the information to the court at lbpo@cand.uscourts.gov. (Beeler, Laurel) (Filed on 6/24/2014) (Entered: 06/24/2014)

June 24, 2014 PACER
41

Minute Entry: Further Telephonic Settlement Conference held (Date Filed: 6/24/2014). (ls, COURT STAFF) (Date Filed: 6/24/2014) (Entered: 06/25/2014)

June 24, 2014 PACER
42

ORDER regarding length of settlement conference on Friday, June 27, 2014: the court is allotting a total of 3 hours (from 10:30 a.m. until 1:30 p.m.). In its separate conferences, the court previously directed the parties to confer in aid of an efficient settlement process. Given the start time of 10:30 a.m., Plaintiffs' counsel can use the time from 9:30 a.m. to 10:30 a.m. to meet with the plaintiffs (and can use the witness rooms in the attorney's lounge on 18). If there is any further work on either side that can be accomplished before the settlement conference by a follow-up phone call, the parties must arrange that through courtroom deputy Lashanda Scott on Thursday morning, June 26, so that a call can be scheduled later in the afternoon of June 26. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 6/25/2014) Modified on 6/26/2014 (ls, COURT STAFF). (Entered: 06/25/2014)

June 25, 2014 PACER
43

NOTICE of Appearance by James F. Hodgkins (Hodgkins, James) (Filed on 6/27/2014) (Entered: 06/27/2014)

June 27, 2014 PACER
44

Minute Entry: Further Settlement Conference held (Date Filed: 6/27/2014). (ls, COURT STAFF) (Date Filed: 6/27/2014) (Entered: 06/27/2014)

June 27, 2014 PACER
45

ORDER REGARDING SETTLEMENT CONFERENCE: Telephonic Settlement Conference set for 6/30/2014 at 3:00 P.M. The court will provide counsel with the dial-in conference information in a separate email. Signed by Magistrate Judge Laurel Beeler on 6/27/2014. (ls, COURT STAFF) (Filed on 6/27/2014) (Entered: 06/27/2014)

June 27, 2014 RECAP
46

Minute Entry: Further Telephonic Settlement Conference held. Oakland to present to city council on 7/15/2014. Court proposed in-person settlement conference on 7/17/14 based on Mr. McGee's availability and the court's. Mr. Simmons and Mr. Hodgkins to check availability with Alameda and Plaintiffs and inform the court within 2 business days. (Date Filed: 6/30/2014). (ls, COURT STAFF) (Date Filed: 6/30/2014) (Entered: 06/30/2014)

June 30, 2014 PACER
47

CLERKS NOTICE SETTING Settlement Conference set for 7/17/2014 at 2:00 PM in Courtroom C, 15th Floor, San Francisco. Any updated settlement conference statements due July 10, 2014. The statements may be emailed to the order's box: lbpo@cand.uscourts.gov. The Settlement Conference Order issued on April 22, 2014, ECF No. 18 remains in affect. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
48

CLERKS NOTICE SETTING Telephonic Settlement Conference for 7/16/2014 at 4:00 P.M. with City of Oakland counsel (Mr. Hodgkins and Mr. Simmons) and at 4:30 p.m. with County of Alameda counsel (Mr. Rockwell and Mr. Maiolini). Counsel were provided with the dial-in conference call information in a separate email. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/11/2014) (Entered: 07/11/2014)

July 11, 2014 PACER
49

Minute Entry: Telephonic Settlement Conference held (Date Filed: 7/15/2014). Settlement communications with all counsel in anticipation of settlement conference. Defense counsel to confer by telephone as directed before the calls scheduled for Wednesday, July 16. If the calls scheduled at 4:00 p.m. and 4:30 p.m. are too late in the day, the court can accommodate an earlier time. The settlement conference on Thursday, July 17 will begin at 1:00 p.m. for counsel and their lawyers in the manner and for the reasons described in the pre-conference communications. The court will join defendants at 2:00 p.m. and plaintiffs thereafter. The conference will start in separate sessions for the reasons described in the pre-conference communications. (lsS, COURT STAFF) (Date Filed: 7/15/2014) (Entered: 07/16/2014)

July 15, 2014 PACER
50

NOTICE of Appearance by Otis McGee, Jr (OF COUNSEL) (McGee, Otis) (Filed on 7/16/2014) (Entered: 07/16/2014)

July 16, 2014 PACER
51

Minute Entry: Further Telephonic Settlement Conference held (Date Filed: 7/16/2014). (lsS, COURT STAFF) (Date Filed: 7/16/2014) (Entered: 07/17/2014)

July 16, 2014 PACER
52

Minute Entry: Further Settlement Conference held (Date Filed: 7/17/2014). (Digital FTR Recording: 5:42-5:47) (lsS, COURT STAFF) (Date Filed: 7/17/2014) (Entered: 07/21/2014)

July 17, 2014 PACER
53

Minute Entry: Further Settlement Conference held (Date Filed: 7/30/2014). (ls, COURT STAFF) (Date Filed: 7/30/2014) (Entered: 07/30/2014)

July 30, 2014 PACER
54

ORDER regarding further update received from City of Oakland. Further update to be provided by August 14, 2014 at 2 p.m. by telephoning chambers at 415-22-4660 or emailing the court's orders box at lbpo@cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.)(Beeler, Laurel) (Filed on 7/31/2014) Modified on 8/1/2014 (ls, COURT STAFF). (Entered: 07/31/2014)

July 31, 2014 PACER
55

STIPULATION with Proposed Order re Continuance of Deadlines and Case Management Conference. by Steven Angell. (Huang, Yolanda) (Filed on 8/4/2014) Modified on 8/5/2014 (dtmS, COURT STAFF). (Entered: 08/04/2014)

Aug. 4, 2014 PACER

Electronic filing error. Incorrect event used. Stipulation with Proposed order is correct event. Corrected by Clerk's Office. No further action is necessary. Re: 55 Proposed Order filed by Steven Angell (dtmS, COURT STAFF) (Filed on 8/5/2014)

Aug. 5, 2014 PACER
56

ORDER GRANTING STIPULATION FOR CONTINUANCE OF DEADLINES AND CASE MANAGEMENT CONFERENCE 55 . Completion of settlement process with Judge Beeler is 9/15/2014. Last day for plaintiffs to file a motion for class certification 9/30/2014. Joint Case Management Statement due by 10/15/2014. Case Management Conference set for 10/22/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 8/5/2014. (lmh, COURT STAFF) (Filed on 8/5/2014) (Entered: 08/05/2014)

Aug. 5, 2014 RECAP
58

Minute Entry: Settlement Conferences held on August 1, 2, 3, 4, 5 and 9, 2014 (Date Filed: 8/9/2014). (ls, COURT STAFF) (Date Filed: 8/9/2014) (Entered: 08/12/2014)

Aug. 9, 2014 PACER
57

CLERKS NOTICE: THIS IS A TEXT ENTRY ONLY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE.Settlement communications with City of Oakland and Alameda County on August 1, 2, 3, 4, 5, and 9 (Messieurs Rockwell, Maiolini,, McGee, Hodgkins, and Simmons). Court sets further call with City of Oakland (Messieurs McGee, Hodgkins (if available), and Simmons for Monday, August 11, 2014 at 4:30 p.m. Counsel to call into chambers on one line at 415-522-4660. (rmm2S, COURT STAFF) (Filed on 8/11/2014) (Entered: 08/11/2014)

Aug. 11, 2014 PACER

Set/Reset Hearing re 57 Clerks Notice, Telephone Settlement Conference set for 8/11/2014 04:30 PM before Magistrate Judge Laurel Beeler. (rmm2S, COURT STAFF) (Filed on 8/11/2014)

Aug. 11, 2014 PACER

Set Deadlines/Hearings: Settlement Conference set for 8/18/2014 09:30 AM in Courtroom C, 15th Floor, San Francisco. The court orders the attendance of the parties specified in the email sent just now to counsel. (Beeler, Laurel) (Filed on 8/15/2014)

Aug. 15, 2014 PACER
59

Minute Entry: Further settlement conference held. Parties to update the court by email no later than September 24, 2014 at noon with the additional information requested. Court sets a further telephonic settlement conference call for September 24, 2014 at 4 p.m. Counsel to call into chambers with all the parties on one number to 415-522-4660. (Date Filed: 8/18/2014). (lsS, COURT STAFF) (Date Filed: 8/18/2014) (Entered: 08/19/2014)

Aug. 18, 2014 PACER

Settlement Conference set for 9/24/2014 04:00 PM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Beeler on 9/24/14. The court previously directed the defendants to update the court by noon today by email. See previous docket entry and minute order. The court received no updates. The court set the call at 4:00 specifically to get the email updates and then talk to the parties. The parties must update the court immediately by email to lbpo@cand.uscourts.gov. (This is a text-entry order generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 9/24/2014) Modified on 9/25/2014 (lsS, COURT STAFF).

Sept. 24, 2014 PACER
60

Minute Entry: Settlement communications with counsel. Case settled. (Date Filed: 9/24/2014). (lsS, COURT STAFF) (Date Filed: 9/24/2014) (Entered: 09/25/2014)

Sept. 24, 2014 PACER
61

CLERK'S NOTICE: Magistrate Judge Nathanael M. Cousins will be moving his chambers on November 17, 2014, and will hear matters in both San Francisco Courtroom A and San Jose Courtroom 7. He also has amended his General Standing Order, which can be found on the Court's website at www.cand.uscourts.gov. Parties should consult the General Standing Order, which includes available hearing dates, before scheduling a hearing with Judge Cousins. This is a text-only entry generated by the Court. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 10/3/2014) (Entered: 10/03/2014)

Oct. 3, 2014 PACER
62

Consent MOTION to Certify Class filed by Steven Angell. Motion Hearing set for 10/22/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 10/22/2014. Replies due by 10/22/2014. (Attachments: # 1 Affidavit Plaintiffs' Declarations in SUpport of Motin for Class Action Certification, # 2 Affidavit Declaration of Y. Huang with Exhibit A attached, Stipulation and Crowd Control Policy, # 3 Non-Opposition on Behalf of all Defendants)(Huang, Yolanda) (Filed on 10/8/2014) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
63

Joint MOTION to Approve Consent Judgment filed by Steven Angell. (Attachments: # 1 Affidavit Declaration of Yolanda Huang in Support of Joint Application for Preliminary Approval of Settlement, # 2 Exhibit Exhibit 1 - Settlement Agreement)(Huang, Yolanda) (Filed on 10/8/2014) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
64

CLERK'S NOTICE SETTING Consent Motion to Certify Class 62, Joint Motion to Approve Consent Judgment 63 and Case Management Conference for 11/12/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Case Management Statement due by 11/5/2014. This is a text-only entry generated by the Court. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 10/9/2014) (Entered: 10/09/2014)

Oct. 9, 2014 PACER
65

CASE MANAGEMENT STATEMENT Joint filed by Steven Angell. (Huang, Yolanda) (Filed on 11/5/2014) (Entered: 11/05/2014)

Nov. 5, 2014 PACER
66

ORDER RE: ISSUES TO BE ADDRESSED AT HEARING. Signed by Judge Nathanael M. Cousins on 11/12/2014. (nclc2, COURT STAFF) (Filed on 11/12/2014) (Entered: 11/12/2014)

Nov. 12, 2014 RECAP
67

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Plaintiff Attorney Dan Siegel, Yolanda Huang. Defendants' Attorneys William Simmons, Gregory Rockwell. Hearing re Consent Motion to Certify Class 62 and Joint Motion to Approve Consent Judgment 63 held on 11/12/2014. Motions taken under submission. (FTR: 1:25pm - 2:25pm) Attachment Minute order. (lmh, COURT STAFF) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
68

ORDER DENYING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 63 . The parties have until 12/3/2014, to file a revised settlement agreement, revised notice, and a renewed motion for preliminary approval. The Court will hold a preliminary approval hearing on 12/17/2014, 1:00 p.m. in Courtroom A, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/21/2014) (Entered: 11/21/2014)

Nov. 21, 2014 PACER

Set Hearings: Preliminary approval hearing set for 12/17/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/21/2014)

Nov. 21, 2014 PACER
69

Declaration of Dan Siegel in Support of 66 Order to approve settlement filed bySteven Angell. (Related document(s) 66 ) (Siegel, Daniel) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
70

AFFIDAVIT re 68 Order on Motion to Approve Consent Judgment, 67 Motion Hearing, Terminate Hearings,, 62 Consent MOTION to Certify Class, 66 Order For Preliminary Approval of Proposed Settlement and Attorneys Fees by Steven Angell. (Attachments: # 1 Exhibit Settlement Agreement with Track Changes, # 2 Exhibit Class Action & Settlement Notice)(Huang, Yolanda) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
71

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Preliminary Approval Hearing held on 12/17/2014. Plaintiffs' Attorneys Yolanda Huang, Dan Siegel. Defendants' Attorneys Greg Rockwell, William Simmons. Court to issue order. (Court Reporter Jo Ann Bryce). This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 12/17/2014) (Entered: 12/17/2014)

Dec. 17, 2014 PACER
72

ORDER by Magistrate Judge Nathanael M. Cousins GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Re: Dkt. Nos. 62, 63, 70 (nclc2, COURT STAFF) (Filed on 1/5/2015) (Entered: 01/05/2015)

Jan. 5, 2015 RECAP

Set Hearing re Order on Motion to Certify Class 72 . Final Approval Hearing set for 4/1/2015 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 1/6/2015)

Jan. 6, 2015 PACER
73

AFFIDAVIT re 72 Order on Motion to Certify Class & Amended Class Notices by Steven Angell. (Attachments: # 1 Exhibit Draft Proposed Class Notice with Highlighted Changes, # 2 Exhibit Draft Proposed Class Notice in Printer Ready Format)(Huang, Yolanda) (Filed on 1/7/2015) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
74

ORDER APPROVING REVISED NOTICE Re: Dkt. Nos. 73, 73-2. Signed by Judge Nathanael M. Cousins on 1/8/15. (nclc2, COURT STAFF) (Filed on 1/8/2015) (Entered: 01/08/2015)

Jan. 8, 2015 RECAP
75

STIPULATION WITH PROPOSED ORDER re 72 Order on Motion to Certify Class To Extend Time for Filing of Motion for Final Order filed by Steven Angell. (Huang, Yolanda) (Filed on 1/30/2015) (Entered: 01/30/2015)

Jan. 30, 2015 PACER
76

ORDER GRANTING IN PART STIPULATION To Extend Time for Filing of Motion for Final Order 75 . Last date for plaintiffs to file motion for final approval: 2/13/2015. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/30/2015). (Entered: 01/30/2015)

Jan. 30, 2015 PACER
77

Final MOTION 62 re 63 Joint MOTION to Approve Consent Judgment, 70 Affidavit, 72 Order on Motion to Certify Class, 69 Declaration in Support filed by Steven Angell. Motion Hearing set for 4/1/2015 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 2/27/2015. Replies due by 3/30/2015. (Attachments: # 1 Exhibit Class Notice-As Printed, # 2 Exhibit Class member Email)(Huang, Yolanda) (Filed on 2/13/2015) (Entered: 02/14/2015)

Feb. 13, 2015 PACER
78

Received Objection of Settlement and Written Intent to Appear in Court. (Attachments: # 1 Envelope)(srmS, COURT STAFF) (Filed on 3/19/2015) (Entered: 03/24/2015)

March 19, 2015 PACER
79

AFFIDAVIT in Support re 77 Final MOTION 62 re 63 Joint MOTION to Approve Consent Judgment, 70 Affidavit, 72 Order on Motion to Certify Class, 69 Declaration in Support of Order for Final Approval of Class Action Settlement filed bySteven Angell. (Related document(s) 77 ) (Huang, Yolanda) (Filed on 3/25/2015) (Entered: 03/25/2015)

March 25, 2015 PACER
80

STIPULATION WITH PROPOSED ORDER DISMISSING ACTION AS TO INDIVIDUALLY NAMED DEFENDANTS filed by Gregory J. Ahern, David Brady, County of Alameda, Kerry Jackson, Carla Kennedy, Brett Keteles, Gregory L. Morgado. (Rockwell, Gregory) (Filed on 3/30/2015) (Entered: 03/30/2015)

March 30, 2015 PACER
81

Proposed Order re 72 Order on Motion to Certify Class, 74 Order Final Approval by Steven Angell. (Attachments: # 1 Exhibit Final Settlement)(Huang, Yolanda) (Filed on 3/31/2015) (Entered: 03/31/2015)

March 31, 2015 PACER
82

Proposed Order re 72 Order on Motion to Certify Class for Exoneration by Steven Angell. (Huang, Yolanda) (Filed on 3/31/2015) (Entered: 03/31/2015)

March 31, 2015 PACER
85

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing re Joint Motion to Approve Consent Judgment 77 held on 4/1/2015. Plaintiffs' Attorneys Dan Siegel, Yolanda Huang. Defendants' Attorneys William Simmons (City of Oakland), Gregory Rockwell (County of Alameda). (FTR: 1:15pm - 1:28pm/1:37pm-1:56pm) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 4/1/2015) (Entered: 04/07/2015)

April 1, 2015 PACER
83

Proposed Order For Exoneration [3rd] by Steven Angell. (Huang, Yolanda) (Filed on 4/6/2015) (Entered: 04/06/2015)

April 6, 2015 PACER
84

STIPULATION WITH PROPOSED ORDER to file Proposed Order of Exoneration (3rd) filed by Steven Angell. (Huang, Yolanda) (Filed on 4/6/2015) (Entered: 04/06/2015)

April 6, 2015 PACER
86

ORDER GRANTING STIPULATION DISMISSING ACTION AS TO INDIVIDUALLY NAMED DEFENDANTS Gregory Ahern, Brett Keteles, Carla Kennedy, David Brady, Gregory Morgado, Kerry Jackson, Howard Jordan, Jeffrey Israel, Eric Breshears, Ron Yelder, Darren Allison, Steve Tull, Edward Tracey, Anthony Rachal and Sean Whent 80 . Signed by Judge Nathanael Cousins on 4/7/2015. (lmh, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015 RECAP
87

FINAL ORDER AND JUDGMENT. Signed by Judge Nathanael Cousins on 4/7/2015. (Attachments: # 1 Settlement Agreement)(lmh, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015 PACER
88

THIRD ORDER OF EXONERATION AND FOR SEALING AND DESTRUCTION OF ARREST RECORDS, AND FOR WITHDRAWAL AND DESTRUCTION OF DNA SAMPLES 83 . Signed by Judge Nathanael Cousins on 4/7/2015. (lmh, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015 RECAP
89

STIPULATION AND ORDER TO FILE THIRD ORDER FOR EXONERATION 84 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

April 7, 2015 PACER

***Civil Case Terminated pursuant to Final Order and Judgment 87 . (lmh, COURT STAFF) (Filed on 4/7/2015)

April 7, 2015 PACER
90

First Administrative Motion to File Under Seal Per Order of Court 4/7/2015 filed by Steven Angell. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit, # 4 Exhibit)(Huang, Yolanda) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015 PACER
91

STIPULATION WITH PROPOSED ORDER re 88 Order Supplemental filed by Steven Angell. (Huang, Yolanda) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015 PACER

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Occupy

Post-WalMart decisions on class certification

Key Dates

Filing Date: Jan. 14, 2013

Closing Date: July 30, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The approximately 360 people who were arrested in the mass arrest on Broadway between 23rd and 24th Streets in Oakland on January 28, 2012, and who were never charged with any crime related to this arrest.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Oakland (Oakland, Alameda), City

Alameda County (Alameda), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,360,000

Issues

General:

Conditions of confinement

Excessive force

False arrest

Over/Unlawful Detention

Personal injury

Restraints : physical

Transportation

Discrimination-basis:

Sex discrimination